Several Provisions on Advancing Capacity to Promote and Demote Leading Cadres (Provisional)

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Publishing units:General Office of the CPC Central Committee

Several Provisions on Advancing Capacity to Promote and Demote Leading Cadres (Provisional)

Article 1: These regulations are formulated on the basis of the provisions of the "Party and Government Leading Cadre Selection and Appointment Work Regulations" and other such intra-Party regulations as well as the provisions of the "Public Servant Law of the People's Republic of China" and other such laws, so as to implement the Party Center's requirements for comprehensive and strict Party governance, to strictly enforce the Party's political discipline and political norms, to improve structures and systems for strict management of cadre ranks, to create selection and appointment mechanisms allowing for promotion and demotion, and to build a high-quality cadre corps with firm ideals and convictions, which serve the people, are assiduous and pragmatic, who dare to take on burdens, are upright, just and clean in governance.

Article 2: " Advancing Capacity to Promote and Demote Leading Cadres " as used in these Provisions, emphasizes resolving issues in demoting cadres. Party management of the Party, and strict Party governance must be adhered too; adhering to seeking truth from facts and fairness and uprightness; adhering to having people in appropriate posts, and making full use of their talents; adhering to compliance with laws and regulations, proactiveness and reliability; striving to resolve problems such as those of crooked cadres, incapable cadres and disorderly cadre; urging leading cadres to conscientiously fulfill the demands of the "three stricts and the three earnests"; and promoting the formation of an employment orientation and a political environment where the capable are promoted, the mediocre are demoted, and the inferior are discarded.

Article 3: These provisions apply to leading cadres of relevant central and national departments, and local party and government organs at the county level or higher.

These provisions are applied by reference to village (township or street) Party and Government leading cadres.

These Provisions principally regulate organizational adjustments involving leading cadres. Where a violation of law or discipline is involved, it is handled in accordance with the Party's disciplinary rules and relevant laws and regulations.

Article 4: To advance the capacity for promotion and demotion of leading cadres, provisions such as those concerning the cadre appointment and removal (retirement) system and provisions concerning leaving one's office upon completion of a term of office should be strictly enforced, and the extent of efforts on pursuing accountability and adjusting cadres unfit to serve in their post should also be increased.

Article 5: Strictly enforce the cadre retirement system; where cadres reach the age limit for their post or the age or retirement, their dismissal (retirement) formalities shall be handled in accordance with statutory procedures. Where, due to the demands of work, termination (retirement) is postponed, the Party committee (Party group) shall, in accordance with their cadre management powers, raise an opinion, and report to the Party organization at the level above for its consent.

Article 6: Strictly enforce the leading cadres term system;and limits on the length of terms number of terms; and maximum age limits for posts, shall generally not be extended. Strengthen evaluation and management during terms; those found through evaluation to be unfit to continue service shall have his appointment suspended and be relieved from their current position; and must not remain in office on grounds that his term has not been completed. Removal of leading cadres during their term is handled in accordance with relevant prescribed procedures.

Article 7: Increase the accountability of leading cadres. Except for those circumstances listed under article 5 of the "Interim Provisions on the accountability of Party-state leading cadres", concerned leading cadres with any of the following circumstance shall be held accountable :

(1) weakly implementing the strict Party governance responsibility system; unfulfillment of the responsibility system for construction of clean Party's work styles and governance; or where there are several occurrences in a row of violations of discipline or law in a relatively short period of time within that area, department, unit or field of management;

(2) a weak sense of the rule of law; not handling matters in accordance with the law; not making decisions in accordance with statutory procedures; or postponing decisions which, by law, shall be promptly made, and thereby causing adverse influences and outcomes;

(3) Not firmly taking hold of work-style construction, wheref formalism, bureaucratism, hedonism or extravagance are relatively prominence within that region, department, unit, or field of management.

(4) Nepotism in the work of cadres selection and appointment, engagement in corrupt practices, or relatively prominent unhealthy employment practices in one's area, department, unit or field of management;

(5) Slack education and supervision of one's spouse, children and their spouses, and close staff members; weak restraint or even acquiescence to the use of one's authority or professional influence for their benefit to obtain illicit benefits.

Where the above circumstances occur, methods of holding concerned leaders accountable include ordering a public apology, suspension and examination, assuming responsibility and resigning, ordering resignation, or being relieved from their post. The accountability procedures are implemented in accordance with the "Interim Provisions on the accountability of Party-state leading cadres".

Article 8: Adjustments shall be made of cadres unfit to serve in their current post. "Unfit to serve in their current position" principally refers to cadres' ethics, ability, diligence or integrity not meeting the requirements of their office, so that they are unfit to continue filling their current post.

Where cadres have any of the following circumstances, and do not make corrections following a warning from their organization, education, the receipt of a written enquiry or "prohibition and exhortation", and are deemed unfit to serve in their current position, they must be promptly adjusted.

(1) Failure to strictly comply with the Party's political discipline and political norms; failure to persist in enforcing the Party's basic path and all guidelines and policies; inability to maintain a high degree of ideological, political, practical conformity with the Party's central organs.

(2) Wavering ideals and faith; an unsteady political position on important issues of principle, inability to rise to the test during crucial times;

(3) Contravening the Party's principle of democratic centralism; acting as one's own authority or weakly and in a disorganized way; refusing to enforce or modifying decisions issued by Party organizations on one's own accord; or starting unprincipled disputes within the leading cadre group.

(4) A weak concept of organization; not enforcing the system for requesting instructions and reporting serious circumstances, or untruthfully reporting or even concealing one's relevant personal matters.

(5) Going against the spirit of the Eight Rules of the Central Committee, not strictly observing provisions relevant to good governance;

(6) Being undaring and irresponsible; being incapable as a cadre, indolent and procrastinating; with relatively big criticisms by cadres and the masses.

(7) Unable to effectively perform one's duties or to fulfill one's work tasks as requested, a retrograde state of affairs or relatively big mistakes in the work of one's unit, or in the work under one's management.

(8) Improper conduct or violations of social mores, professional ethics or family ethics and morals causing a negative influence;

(9) Relocation of one's spouse abroad (or outside the territory), or absent a spouse, relocation of all of one's children abroad, and unfit to serve in one's current position.

(10) other circumstances of being unfit to serve in their current position.

Article 9: Adjustments of cadres unfit for their current positions are generally conducted in accordance with the following procedures:

(1) Investigation and verification. Comprehensively analyze yearly evaluations, ordinary evaluations, post inspections, visits, audits, random checks on reports on personal matters, democratic appraisals through discussion, reviews of petition complaint letters and other circumstances; make focussed investigation and verification; and make an objective and fair assessment and accurate determination of the facts. Attention should be paid to hearing feedback from the masses, understanding opinions commonly held by the masses, particularly on hearing the opinions of recipients of work and services and other relevant personnel.

(2) Submission of adjustment recommendations. Party committees (Party groups) or organizational (personnel) departments submit adjustment recommendations on cadres unfit to serve in their current position, on the basis of the the conclusions of evaluation and verification. The adjustment recommendation includes the reason for the adjustment, the method of adjustment, and other such content. Before an adjustment recommendation is submitted, a conversation shall be had with the cadres themselves, explaining the reasons for the adjustment and hearing their explanations and comments.

(3) Organizational decisions. Party Committees (Party groups) convene collective study meetings, to make adjustment decisions. Before making a decision, the opinions of relevant parties shall be heard.

(4) Conversation. The responsible comrade of Party committees (party groups) or the responsible comrade for organizational (personnel) departments talk to the subject of the adjustment, announcing the organizational decision and earnestly and carefully take care of ideological work.

(5) Follow the relevant provisions to perform the removal procedures. The election and appointment or removal of cadres according to law, are conducted in accordance with procedures set forth in the relevant laws and regulations.

Where a cadre does not accept the adjustment decision, he may request its reconsideration in accordance with relevant provisions, or file an appeal to the next higher level organization (personnel) department. The enforcement of adjustments does not stop during reviews or appeals, A cadre's rank and salary shall be adjusted starting from the month following the adjustment of the cadre's position.

Article 10: Cadres unfit to serve in their current position shall, on the basis of their overall behavior and work demands, according to their respective situation, be adjusted in such ways as being transferred, being assigned to non-leadership duties, being relieved of duty, or being demoted to a lower rank. Appropriate arrangements shall be made for cadres who due to personal reasons are not qualified for their current position.

Article 11: Whoever has been transferred to a different position, assigned to non-leadership duties, or dismissed shall not be selected for promotion for one year; those demoted to a lower rank shall not be selected for promotion for two years. At the end of such periods of time, those with outstanding moral and work performance and work accomplishment may be selected for promotion due to the demands of work, after an assessment of their suitability to the conditions of their appointment.

Article 12: Where due to health reasons, cadres cannot regularly perform their job duties for one year or longer, their work post shall be adjusted. After recovery, make arrangements consulting their original position.

Article 13: Where cadres should be removed from Office for violations of law or discipline, promptly remove them from office in accordance with the provided procedures.

Article 14: In moving forward the work of cadre promotion and demotion, work discipline will be strictly enforced, it is not permitted to engage in "good-personism" [Translator's note: this means the idea of seeking good relaitons with everyone], it is not permitted to avoid major matters and dwell on trivial matters, to avoid organizational restructuring through disciplinary punishment or avoid disciplinary punishment through organizational restructuring , it is not permitted to seize opportunities for retaliation.

Article 15: A solid responsibility system to advance the promotion and demotion of leading cadres shall be constructed, where Party committees (Party groups), shall assume major responsibility, Party Committees (Party groups) secretaries shall be the first person in charge, and organization (personnel) departments shall assume responsibility for concrete work. Advancing the promotion and demotion of leading cadres shall become a major component of comprehensively and severely ruling the Party, severely managing cadres. Principles shall be upheld, and one should dare to take responsibility to truly supervise in a truly strict manner, to dare supervise in a daring manner, and to supervise constantly in a constantly strict manner. The understanding of cadres' daily activities shall be strengthened, the situation of the leading cadre group shall be periodically analyzed and researched, and adjustment of cadres who shall be adjusted shall be promptly made. Cadres who have been demoted in an adjustment are given caring assistance, and directed strengthening of education and management. Correctly grasp the limits of the policy, paying attention to protecting cadres enthusiasm for entrepreneurship and innovation; and be tolerant of mistakes in exploring reforms.

Article 16: Party committees (Party groups) at each level and their organization (personnel) departments shall strengthen supervision and inspection on the work of advancing the promotion and demotion of leading cadres, understand and know well relevant circumstances. Where anyone is inefficient on their work, the responsibility of the person in charge of their Party committee (Party group) and its organization (personnel) department and other relevant personnel shall be strictly prosecuted in accordance with concrete circumstances.

Article 17: Party Committees (Party groups) of all departments of all regions may formulate detailed implementation measures on the basis of these provisions combined with their own actual circumstances.

Article 18: The Organization Department of the CPC Central Committee is responsible for the interpretation of these provisions.

Article 19: These provisions come into force on July 19, 2015.

 

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